Appeal No. 2002-0741
Application No. 08/935,348
Rejection (b): the rejection of claims 13-19 under 35 U.S.C. §
102(b)
Claims 13-19 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Zacharias PCT ‘238.
Appellants do not dispute the examiner’s determination that
Zacharias PCT ‘238 anticipates claims 13-19 in the event it
qualifies as prior art under 35 U.S.C. § 102(b). Instead,
appellants argue on page 17 of the main brief that (1) the
present application is a continuation-in-part of application
08/659,858 filed June 7, 1996, which is a continuation of earlier
application 08/331,072 filed October 28, 1994, (2) the present
application is entitled under 35 U.S.C. § 120 to the benefit of
the earlier filing date of October 28, 1994 of the ‘072
application, and (3) the critical reference date of Zacharias PCT
‘238 under 35 U.S.C. § 102(b) is May 9, 1996, the international
publication date thereof. Thus, appellants maintain that
Zacharias PCT ‘238 is not available as prior art against claims
13-19 under 35 U.S.C. § 102(b).
We agree with appellants that the critical reference date of
Zacharias PCT ‘238 under 35 U.S.C. § 102(b) is May 9, 1996.
Based on this date, and the relevant dates of the related
08/331,072 and 08/659,858 applications, it is both necessary and
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